M v Police HC Timaru Cri-2009-476-20

[2009] NZHC 2006

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

CRI-2009-476-000020

M

Appellant

v

POLICE

Respondent

Hearing:         27 October 2009

(Heard at Christchurch via telephone conference)

Appearances: M J de Buyzer for Appellant

A R McRae for Respondent

Judgment:      27 October 2009

ORAL JUDGMENT OF HON. JUSTICE FRENCH

[1]      This appeal was adjourned on 16 October 2009 in order for the probation service to assess the suitability of an address proposed for home detention.

[2]      I have now received a report.   It is favourable both of the address and Mr

M  ’s conduct at work.

[3]      I am therefore now in a position to confirm the indications I gave at the hearing in the Timaru.

[4]      For the reasons set out in my previous judgment, the appeal is upheld.

M V POLICE HC TIM CRI-2009-476-000020  27 October 2009

[5]      The sentences of imprisonment imposed by the District Court are quashed and substituted with sentences of home detention, as follows:

i)In respect of the two charges of threatening to kill, a sentence of four months’ home detention (concurrent) is imposed.

ii)In  respect  of  the  charge  of  receiving,  two  months’  home detention (cumulative).

iii)In  respect  of  the  charge  of  resisting,  one  month’s  home detention (concurrent).

[6]      In effect, there will be a total period of home detention of six months.

[7]      There will be special conditions imposed as recommended by the probation service.  The special conditions are:

i)Following the conclusion of this hearing, Mr M   is to travel immediately from Mr de Buyzer’s office to 28 Wye Street, Oamaru, and wait there for the arrival of the probation officer tomorrow morning.

ii)To   reside   at   28   Wye   Street,   Oamaru,   subject   to   the requirements of home detention.

iii)Not to consume or be in the possession of alcohol or illicit drugs for the duration of the home detention sentence.

iv)To  attend  and  complete  any  counselling  or  treatment  as deemed appropriate to address alcohol use, to the satisfaction of the counsellor and as directed by the probation officer.

[8]      I also impose the standard post-detention conditions, as well as a special post- detention condition that Mr M   attend and complete any other appropriate drug and alcohol programme, to the satisfaction of his probation officer.

[9]      Both the standard conditions and the special conditions are to apply for six months after the end date of the home detention.

[10]     For the avoidance of doubt, I confirm that whether or not Mr M   is required to attend any drug and alcohol programme at the conclusion of the home detention will be at the discretion of the probation officer, no doubt having regard to progress made at any programmes undertaken during the period of home detention itself.

[11]     I record that in setting the length of the home detention I have taken into account the matters addressed in my previous judgment, including the fact that the appellant was in custody for six weeks prior to being sentenced in the District Court.

[12]     Finally, I confirm the sentence imposed by the District Court Judge on the charge of disorderly behaviour (convicted and discharged).

Solicitors:

Berry & Co, Oamaru

Crown Solicitor, Timaru